What is the Effect of the Article 2 of the New York Convention on the Law Applicable to Arbitration? Arbitration is a dispute resolution method in which the parties resolve the legal disputes between themselves through the arbitrators they choose, by applying the law they choose. In the resolution of the dispute through arbitration, the parties themselves choose the arbitrator or arbitrators, unlike the state proceedings. Arbitration proceedings, unlike state proceedings, save the parties time and enable the parties to resolve the dispute among themselves in a "confidential" manner. Thus, the parties resolve their disputes among themselves, without disclosing their trade secrets, so to speak, without informing anyone. The decision resulting from the arbitration proceedings is binding on the parties and when all these features are considered, it is the most preferred method, especially in the resolution of international commercial disputes. The fact that arbitration is a free trial in the resolution of disputes, its binding, confidentiality, and advantages in terms of time have made this trial preferred in modern times, and arbitration has made great progress until today. In this development process, the need to regulate very basic and very important issues such as how the arbitration proceedings will be conducted, what the arbitration procedure will be, which country''s law will be applied to the arbitration proceedings, and to ensure uniformity between the parties in international arbitration proceedings, has arisen thanks to the interest in arbitration and the advantages of arbitration. Each of these regulations has developed over time and institutional arbitration centers have been established in many countries, giving the parties the right to choose. In line with these needs, first of all, the United Nations Commission on International Trade Law (UNCITRAL) was established within the body of the United Nations in 1966. UNCITRAL has gathered its working techniques under three main headings: drafting laws, preparing contracts, and making statements. UNCITRAL prepared the UNCITRAL Model Law in 1985 in order to ensure uniformity in the practices of the citizens of the party countries that prefer the arbitration practice, and the UNCITRAL Model Law was updated with the amendments made in 2006. This Model Law has had great importance in the regulation of the national legislation of the countries and continues to do so. At the point reached today, each country has established its own institutional arbitration centers and assists the arbitration practice with its own model laws as a guide. The American Arbitration Center (AAA), the World Intellectual Property Organization (WIPO), the German Arbitration Center (DIS), and the London Maritime Arbitrators Association (LMAA) are the main of these institutional arbitration centers. The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, on the other hand, serves the purpose of ensuring that foreign or non-local arbitral awards are implemented without discrimination in the domestic laws of the member states. The New York Convention is a convention that regulates the principles regarding the execution of the arbitration in the country that is a party to the contract, regardless of where the arbitration proceedings are held. Every decision taken as a result of a dispute subject to international arbitration can only be enforced in that country after the implementation of the New York Convention and the enforcement of the decision in the state party. In summary, the New York Convention regulates the principles to be applied in the enforcement and execution of arbitral awards. In particular, the form of validity of the arbitration agreement should be evaluated together with the New York Convention section II and the legal issues to be applied to the arbitration agreement. The reason why these two issues are considered together is that the law to be applied to the formal validity of the arbitration agreement is also related to the law to be applied to the arbitration agreement, and in practice, although it is very common for the parties to choose the law to be applied to the substance of the dispute, they do not choose the law to be applied to the arbitration agreement.

With the rapid development of technology in the globalizing world, the resolution of legal disputes arising from commercial relations that have diversified and become more complex is becoming increasingly difficult. The commercial losses of the parties in the prolonged and inadequate national litigation processes have become intolerable. So much so that the result of the prolonged litigation process by the party applying to litigation for the resolution of the dispute can never fully cover the damage caused by the dispute. On the other hand, advantages such as the confidentiality of the arbitration proceedings and the free choice of the arbitrators and the trial procedure by the parties make the arbitration system increasingly preferred in international commercial relations. The quality and success of the arbitration institution, which has become so important in the world of international trade and law, and the realization of the expectations from arbitration depend on the arbitrators. For this reason, the selection of the arbitrators, who will resolve and decide the dispute, is also a very important stage of the arbitration system, and it is necessary to know and apply correctly which international regulation stipulates what in the selection and appointment of the arbitrators, how the parties will choose the arbitrator, and the issues to be considered.

What is Arbitration Proceedings? What Should Be Taken into Consideration When Turkey is Selected as the Place of Arbitration? As an alternative to the resolution of legal disputes through state courts, it is also possible to settle through an arbitrator or arbitral tribunal by concluding an arbitration agreement between the parties. The said arbitration agreement constitutes the basis of the authority of the arbitrator or arbitral tribunal to conduct the proceedings. Thus, the authority of state courts is removed by the will of the parties. The existence of an arbitration clause is mentioned if the parties have concluded a contract on any subject and have decided in one of the articles of these contracts that the disputes arising from the contract will be resolved through arbitrators. On the other hand, the parties may choose to conclude a separate contract for the resolution of any dispute between them through an arbitrator. This agreement is called an arbitration agreement. Disputes through arbitration are resolved faster than when proceedings are conducted by state courts. In addition, the parties face less litigation costs, especially in cases where the merits of the case are high. One of the important benefits of choosing arbitration as a solution is that the parties have the chance to resolve the dispute with expert arbitrators. If an arbitration proceeding is to be made, it is necessary to determine the arbitration clause or the procedure according to which the proceedings will be conducted in the arbitration agreement, the stages of the proceedings and the rules to be applied to the proceedings. If Turkey is chosen as the place of arbitration, the two main arrangements that will be taken as basis will be the International Arbitration Law (IAL) No. 4686 and the institutional or ad hoc arbitration rules chosen by the parties.